HM&B Prevails on a Workers’ Compensation Final Compensation Order Dismissing Claims for Indemnity Benefits, Attorney’s Fees, and Taxable Costs

The Claimant reached Maximum Medical Improvement (MMI) for his compensable low back injury on September 9, 2024. The Claimant petitioned for Temporary Partial Disability (TPD) benefits thereafter, as well as penalties, interest, attorney’s fees, and costs. At the Final Merits Hearing, the Claimant argued that he was not at overall MMI because his authorized neurosurgeon recommended low back surgery. The Judge of Compensation Claims (JCC) accepted evidence presented by HM&B trial attorney Gina M. Jacobs, Esq., that established the legal distinction between remedial versus palliative care based on post-MMI treatment, and Claimant’s failure to reschedule surgery that was authorized several times and cancelled by Claimant. The JCC accepted the argument of Attorney Jacobs that the Claimant’s inaction, and lack of explanation for his inaction, established that the Claimant had decided not to proceed with surgery. The JCC adopted September 9, 2024, as the date of overall MMI and denied the claims for TPD Benefits, penalties, interest, attorney’s fees and costs.